The plaintiff general contractor sued the Toronto Transit Commission (TTC) and other owners for approximately $193 million in damages arising from the delayed construction of the Steeles West Subway Station.
The project was delayed by 1,047 days due to incomplete designs, utility issues, and numerous changes directed by the TTC.
The court found the TTC responsible for the delay and awarded the plaintiff damages for extended contract performance, acceleration costs, underfunded change directives, and unpaid notices of intent to claim.
The court dismissed the plaintiff's attempt to flow through subcontractor claims where liquidating agreements had extinguished the plaintiff's liability.
The TTC's counterclaim for liquidated damages was dismissed as a penalty.
The plaintiff was granted a construction lien for $57,697,627.06.
